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TMI Blog2006 (1) TMI 550X X X X Extracts X X X X X X X X Extracts X X X X ..... o the concerned authorities, namely, the Deputy Commissioner and the Assistant Commissioner (Endowments) and that he would help him in securing the patta. On 2.7.1987, the appellant sent word to PW-1 to meet him. PW-1 along with his friend (PW-2) went and met the appellant. The appellant then demanded Rs.450 to help PW-1. Subsequently, the appellant reduced the demand to Rs.300 and enquired as to how much money he was having. PW-1 stated that he was having Rs.100/- and paid the said sum of Rs.100/- to the appellant. The appellant told PW-1 that only if he (PW-1) paid the balance amount, he would make arrangements for transfer of patta. He reiterated the demand on 9.7.1997 when PW-1 and PW-2 again met him and paid Rs.250/- towards lease arrears due by PW-1. 2.3) As PW-1 was not willing to pay the bribe, he gave a complaint (Ex. P-1) to the Inspector-Vigilance and Anti-Corruption, Thanjavoor (PW-13) on 10.7.1987. At that time, PW-2 accompanied PW-1. PW-13 prepared the FIR (Ex.P-20). Thereafter, PW-13 introduced the complainant to two witnesses, namely, Kulandaivelu (PW-3), an Engineer, and Santhanagopalan, a Clerk. PW-1 handed-over Rs.200/- (that in 4 currency notes of Rs.50 each) ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the dismissal of one Dhanapal, PW-1's cousin, who was an employee of the temple and on account of certain misconduct committed by him, (vide Ex. D-7 dated 16.1.1986) in pursuance of action taken by the appellant. Eversince then, PW-1 and PW-2 were nurturing a grudge against the appellant, thinking that he was responsible for the dismissal of Dhanpal. The second reason is that PWs.1, 2 and 6 had committed trespass/encroachment on the temple land and the appellant as the Executive Officer had filed a case being O.S. No.309/87 and obtained an order of injunction against them. As their attempts to illegally occupy the temple land were frustrated by the appellant, in order to wreak vengeance, the trio had hatched a conspiracy to involve him in a criminal case. The enmity is also proved by the complaints (Ex. D-6 dated 3.10.1985 and Ex. D-1 dated 18.10.1985) which had been given by PWs.1, 2 and 6 against the appellant to the Deputy Commissioner, Religious & Charitable Endowments, and to the Revenue Tehsildar, Mannargudi, with a demand to transfer the appellant. 5. The Special Judge considered the evidence in detail. He held that the appellant had given a reasonable and satisfactory ex ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he amount as illegal gratification. If the amount had been paid as lease rent arrears due to the temple or even if it was not so paid, but the accused was made to believe that the payment was towards lease rent due to the temple, he cannot be said to have committed any offence. If the reason for receiving the amount is explained and the explanation is probable and reasonable, then the appellant had to be acquitted, as rightly done by the Special Court. In Punjabrao v. State of Maharashtra [2002 (10) SCC 371], the accused, a patwari, was on a campaign to collect loan amounts due to Government. The complainant therein was admittedly a debtor to the Government. The accused explained that the amount in question was received towards loan. This Court accepted such explanation (though such explanation was not immediately offered as in this case, but was given only in the statement under Section 313) holding thus :- "It is too well settled that in a case where the accused offers an explanation for receipt of the alleged amount, the question that arises for consideration is whether that explanation can be said to have been established. It is further clear that the accused is not required t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... shed by documentary evidence as well as oral evidence of DW-2 (one of the trustees of the temple); (b) The appellant as Executive Officer of the temple, has taken several steps to prevent encroachment and collect the arrears due to the temple. He had initiated legal action against PWs.1, 2 and others when they attempted to encroach upon the temple land and, therefore, they were inimical towards the appellant. This is clear from the evidence of DW-2. (c) PWs.1, 2 and 6 were signatories to the complaints (Ex. D-1 and D-6) given in year 1985 to the Revenue Officer and to the Deputy Commissioner of Religious & Charitable Endowment seeking transfer of the appellant. This is established by evidence of DW-2. (d) PW-6 was in fact due in a sum of Rs.400 to Rs.500 towards lease rent to the temple (admitted by PW-6). Within 15 minutes to half an hour of the alleged payment of illegal gratification (trap), when asked to explain the possession of the said sum, the appellant explained that it was paid by PW-1 on behalf of PW-6 towards the arrears of lease rent with a request that the appellant should issue a receipt to PW-6 the next day. (e) PW-2 is a close friend and confidante of PW-1 and ..... X X X X Extracts X X X X X X X X Extracts X X X X
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